The USPTO’s Automated Interview Request form, known as the AIR form, lives inside Patent Center at patentcenter.uspto.gov under the “Existing Submissions” dropdown.1United States Patent and Trademark Office. Patent Center To submit it, log in, open the form, enter your application number and examiner details, propose a few dates and times, pick a format (phone, video, or in-person), and describe the issues you want to discuss. The examiner should respond within two business days to confirm a time or suggest an alternative.2United States Patent and Trademark Office. Interview Practice
What to Have Ready Before You Open the Form
Gather these from your filing receipt and most recent Office action before you start. The form will not let you get far without them.
- Application number (the eight-digit number assigned at filing).
- Confirmation number (the four-digit number on your filing receipt).
- Examiner name and art unit (both appear on every Office action; the art unit is a four-digit code).
- Two or three proposed dates and times on regular federal workdays. Weekends and federal holidays will not be accepted.
- A direct phone number and email address for the callback.
- A short description of what you want to discuss: which claim rejections, which prior art references, and any amendment you plan to propose.
Submitting the Form in Patent Center
Log in to Patent Center at patentcenter.uspto.gov. Open the “Existing Submissions” dropdown and select the Automated Interview Request form.1United States Patent and Trademark Office. Patent Center Enter your application number, confirmation number, examiner name, and art unit in the fields provided.
Select the interview format — telephone, video conference, or in-person — and enter your proposed dates and times. Add the callback number and email address. In the topic field, the MPEP asks you to identify the participants, the proposed date, the communication mode, and a brief description of the issues.3United States Patent and Trademark Office. Manual of Patent Examining Procedure – 713 Interviews Name the rejected claims and the specific references you want to address. A vague request to “discuss the rejection” tells the examiner nothing and leads to a meeting where no one is prepared.
Check the confirmation screen carefully. Typos in the application number or contact information are the most common reason a request stalls. When you submit, the system produces a timestamped confirmation page. Save or print it. The request routes automatically to the assigned examiner.
If You Cannot Use Patent Center
The paper equivalent is Form PTOL-413A, the Applicant Initiated Interview Request Form.4United States Patent and Trademark Office. Applicant Initiated Interview Request Form PTOL-413A It collects the same information — participants, proposed date, communication mode, and a description of the issues — and can be submitted by fax or through the USPTO’s electronic filing system. A registered patent attorney or agent acting in a representative capacity can show authorization simply by signing the PTOL-413A or the AIR form, without filing a separate power of attorney first.3United States Patent and Trademark Office. Manual of Patent Examining Procedure – 713 Interviews
Choosing Telephone, Video, or In-Person
The format you pick should match what you need to show the examiner.
- Telephone is the fastest option and fits discussions about claim language, arguments against prior art, or procedural questions where no visual aids are needed.
- Video conference is hosted by the USPTO over WebEx. The examiner sets up the session and sends invitations to all participants. Video works when you need to walk through figures or diagrams, but desktop sharing with external participants is not available, so any documents you want the examiner to see should be submitted in advance.5United States Patent and Trademark Office. WebEx Interviews
- In-person interviews happen on USPTO premises during regular office hours. They are uncommon today and mostly make sense when physical exhibits or prototypes are involved.6eCFR. 37 CFR 1.133 – Interviews
When the AIR Form Actually Applies
The AIR form covers pending nonprovisional patent applications currently under examination — utility, plant, and design.7United States Patent and Trademark Office. USPTO Upgrades Automated Interview Request Form Provisional applications and applications that have already issued or been abandoned are outside its scope.
Federal regulations prohibit scheduling an interview to discuss patentability before the first Office action issues, with two exceptions: the application is a continuing or substitute application, or the examiner decides an early interview would move prosecution forward.6eCFR. 37 CFR 1.133 – Interviews Most applicants file the AIR form after receiving a nonfinal rejection, when a conversation about claim scope and prior art is most useful.
What Happens After You Submit
The examiner should respond within two business days, by phone or email, to confirm which proposed time works or offer an alternative.7United States Patent and Trademark Office. USPTO Upgrades Automated Interview Request Form If you do not hear back in that window, call the examiner directly at the number on the most recent Office action.
The examiner controls the specific time within office hours and can require that the interview be scheduled in advance.6eCFR. 37 CFR 1.133 – Interviews Outright refusals are uncommon when an Office action is outstanding, though an examiner may occasionally decline if the timing is premature.
Before the interview itself, the MPEP recommends sending the examiner an agenda that identifies the issues you want to discuss and any proposed claim amendments.3United States Patent and Trademark Office. Manual of Patent Examining Procedure – 713 Interviews There is no formal deadline, but a few days’ notice gives the examiner time to review it.
Your Written Summary Afterward
An applicant-initiated interview requires a written summary from you. You must file a complete written statement of the substance of the interview as part of your next response to an outstanding Office action, or within the response period if no action is pending.3United States Patent and Trademark Office. Manual of Patent Examining Procedure – 713 Interviews The examiner separately completes an Interview Summary form (PTOL-413 or PTOL-413b) and gives you a copy.
A complete record covers the claims discussed, the prior art addressed, any substantive amendments proposed, and the general thrust of each side’s principal arguments. A verbatim transcript is not required. If your written statement is thin, the examiner’s summary becomes the only detailed record — and it may not capture the arguments you found most persuasive. File a thorough summary even when the interview went well.
The interview does not extend the deadline for responding to the underlying Office action. Whatever period was running before the interview keeps running after it.6eCFR. 37 CFR 1.133 – Interviews If you need more time to prepare a formal response that incorporates what was discussed, request an extension of time separately.